Charie appealed the district court's denial of his motion to suppress location information from a geofence warrant. This decision affirms the district court's decision. They do not find a privacy interest in location information or that obtaining 2 hours of Chatrie's data consituted a search due to user's ability to opt-out of Location History. Note the robust dissent that begins on page 36, which applies the Fourth Amendment to modern technology and highlights the likelihood that geofence warrants capture the movements of individuals in private spaces. 

Powerpoint slides by Wendy Bach and Stephen Ross Johnson. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023

The instant Indictment and a companion Indictment accuse 25 people, mostly young, overwhelmingly people of color, and many of them heroin addicts, of a conspiracy conducted essentially by communication through cell phones.

... NACDL urges you to oppose any legislation that attempts to enhance our security by rendering our Fourth Amendment rights less secure. There are real cybersecurity threats before us, but they do not pose risks so great that we should cross all boundaries of constitutional restraint to seek protection from them. NACDL supports six principles that cybersecurity legislation should embrace to successfully enhance our security interests and protect the Fourth Amendment, and encourages you to amend or oppose any legislation that does not abide by these principles.

Brief of Amici Curiae the National Association of Criminal Defense Lawyers and the Association of Criminal Defense Lawyers—New Jersey.

Although businesses and individuals were sharing information and data with third-party vendors long before the COVID-19 outbreak, use of remote work tools is sure to endure long after the outbreak passes, making privacy concerns even more important.

Brief of Amici Curiae Electronic Frontier Foundation, Brennan Center for Justice, The Constitution Project, National Association of Criminal Defense Lawyers and National Association of Federal Defenders in Support of Petitioner.

Brief of Amici Curiae Brennan Center for Justice, American Library Association, Electronic Privacy Information Center, Freedom to Read Foundation, National Association of Criminal Defense Lawyers, Ninth Circuit Federal and Community Defenders, Reporters Committee for Freedom of the Press in Support of Defendant-Appellant and Reversal.

Brief of Amici Curiae National Association of Criminal Defense Lawyers, Ninth Circuit Federal Public and Community Defenders, and Professor Erwin Chemerinsky in Support of Petition for a Writ of Certiorari.

Brief of Amici Curiae Electronic Frontier Foundation, Brennan Center for Justice, Center for Democracy and Technology, and National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Reversal